Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant is entitled to respond to the Complaint.

New York follows pure comparative fault rules, which means that if the jury finds that you are responsible for causing the crash the damages awarded will be reduced by your percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is due to all people, however those who drive a vehicle owe an even greater obligation to other people in their field. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms, the standard of care is established by comparing an individual's actions to what a normal person would do in similar situations. In the case of medical malpractice expert witnesses are typically required. Experts with more experience in a certain field may be held to a greater standard of treatment.

A person's breach of their duty of care can cause harm to a victim or their property. The victim must prove that the defendant breached their duty and caused the harm or damages they suffered. Causation is an important part of any negligence claim. It involves proving both the primary and secondary causes of the injury and damages.

If a driver is caught running the stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their car is damaged they'll be responsible for the repairs. The actual cause of a crash could be caused by a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury suit. A breach of duty occurs when the actions of the at-fault party are not in line with what an ordinary person would do under similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients, arising from the law of the state and licensing boards. Drivers are required to take care of other drivers and pedestrians, as well as to obey traffic laws. Any driver who fails to adhere to this obligation and results in an accident is responsible for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care, and then demonstrate that the defendant failed to meet the standard in his actions. It is a matter of fact that the jury has to decide if the defendant was in compliance with the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the primary cause for the injuries. It can be more difficult to prove this than a breach of duty. For example it is possible that a defendant run a red light but the action was not the sole cause of your bike crash. For this reason, the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle accident attorney vehicle cases the plaintiff must establish a causal link between breach of the defendant and the injuries. If the plaintiff sustained a neck injury in a rear-end collision and his or her attorney would argue that the accident caused the injury. Other factors that are necessary for the collision to occur, like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of the liability.

It may be harder to establish a causal relationship between an act of negligence and the psychological issues of the plaintiff. The reality that the plaintiff experienced a a troubled childhood, poor relationship with his or her parents, was a user of alcohol and drugs or had previous unemployment may have some influence on the severity the psychological problems he or suffers following a crash, but the courts typically look at these factors as part of the circumstances from which the plaintiff's accident resulted rather than an independent cause of the injuries.

If you've been involved in a serious motor vehicle crash it is crucial to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, and motor vehicle crash cases. Our lawyers have built working relationships with independent doctors in a variety of specialties as well as experts in computer simulations and reconstruction of accident.

Damages

In motor vehicle accidents vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first category of damages comprises any financial expenses that can be easily added to calculate an amount, like medical treatment or lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages such as pain and suffering and loss of enjoyment of life which cannot be reduced to a dollar amount. However these damages must be proved to exist by a variety of evidence, such as deposition testimony of the plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages awarded should be split between them. This requires the jury to determine how much responsibility each defendant had for the accident and to then divide the total damages award by the percentage of blame. However, motor vehicle accident attorney New York law 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are caused by drivers of trucks or cars. The method of determining if the presumption is permissive or not is complex. The majority of the time there is only a clear proof that the owner did not grant permission to the driver to operate the vehicle will overrule the presumption.